Re: were my rights violated?

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Read the board... this is for law students. We are not
licensed to practice law.

The only advice we can give you is, consult an attorney.
On 12/03/06, Sad Mom wrote:
> I have a daughter that is in her teen years that has been
> struggling with mental illness issues for several years
> now. She had an outburst that ended up with my hand in
> her mouth and me restraining her other arm so she could
> not continue to hit me. I instructed her to quit biting
> me or I would bite back, my mouth was the only part that I
> could use at the moment. She would not release and I bit
> her to get her to release me. I was charged with 5th
> degree assalt.
>
> While I was being detained by an officer, my daughter and
> a female officer entered my locked bedroom without mine or
> the other lease holders permission. While in my bedroom
> the officer proceeded to go through my closet, dresser,
> nightstands, purses, shoes, luggage, under the bed, ect.
> While conducting the search the officer recovered a small
> amount of marijuana.
>
> My two daughters were sent to 72 hour protective foster
> care by the officers.
>
> I was taken to the local ER to be checked out and treated
> for an anxiety attack. While at the hospital I supmitted
> to my physican for blood work and urinallisis... I have
> some health issues and I thought my health information
> would be private to me, other than informing the officer I
> was ok to be released to custody. The attending physican
> released my medical information and test results to the
> arresting officer and he used this information against me
> in the police report.
>
> Social services is now using this information against me
> and trying to take my two daughters perminantly from me.
> I have no prior record, I haven't even had a moving
> violation in 20 years. Shouldn't this information be
> struck from the record since it was not a legal search of
> my home and that I did not sign anything allowing my
> health records to be released to the officer? I was
> charged with a 5th degree assalt, which is a mistameaner.
> I have not been charged with any other crimes. Is there
> any recourse to the actions of the officers, physican or
> hospital? This ordeal has been horrible on my children
> and myself. My children are still out of the home, my
> youngest is staying with her father and my teen is stuck
> in foster care he**. I think she has the worst case
> worker ever. My daughter struggles with depression and
> her case worker informed her that at the bare minimum she
> would be in foster care for six months, if not until she
> turned 18.
>
> I am not a bad mom, I love my kids more than anything in
> this world. I am very active with my children. My friends
> tease me about getting a life outside of the home because
> I rarely go out.